Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Subject matter of both the suits not required to be identical, as per S.10 CPC - However, even if cause of action in subsequent suit is substantially similar, then subsequent suit is required to be stayed...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Boundaries specified in both suits i.e suit for partition and suit for permanent injunction not same - Defendants contended that property in subsequent suit is one for which partition is sought in earlier suit for partition - Said fact not denied by plaintiffs - Injunction granted in earlier suit for..........
Civil Procedure Code, 1908, Section 24(2) -- Transfer of case - When property is common in two suits, Court can order transfer of one suit from one Court to another - However, Court while exercising power u/s 24(2) CPC cannot order joint trial of the transferred suit...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit was filed by plaintiff for cancellation of sale deed executed by defendant in favour of respondents - Subsequent suit filed by defendant for cancellation of said sale deed on the ground that fraud is played upon him - Matter in issue in earlier suit is not directly and substantially in issue..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for cancellation of sale deed - Amendment sought to incorporate relief of declaration of ownership/title - Trial has not yet commenced and suit is coming for adduction of evidence - Merely on the ground of delay or limitation amendment of plaint cannot be rejected - Moreover, to avoid multiplicity..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of civil suit - Simultaneous prosecution of civil and criminal proceedings - Provision of S.10 CPC is inapplicable, as it is not a case of two Courts of concurrent jurisdiction trying two parallel suits in respect of same matter in issue - Consequently, it was not open for High Court to bypass S.10 CPC by invoking S.151..........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Clubbing of suits - Two suits between same parties and in relation to same piece of land, filed for grant of identical reliefs - Both the suits ought to have been clubbed together for their disposal on merits in accordance with law to avoid any conflicting decisions in both the cases, as the facts involved in both the suits..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Object of S.10 CPC, is to avoid conflict of judicial decisions by preventing Courts of concurrent jurisdiction from simultaneously adjudicating upon two or more parallel suits in which matter in issue is substantially the same...........
Civil Procedure Code, 1908, Section 10, 11 -- Stay of subsequent suit - Res judicata - All invoices i.e octroi invoices and STIs raised by plaintiff in present suit are also in issue in earlier suit - Issues in earlier suit and in present suit are directly or substantially the same - If both suits are permitted to proceed, there will be two parallel trials on same issue by..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - Commonality of issues in two separate suits is not prohibited in law...........
